Record Title Presumptions

Evidence Code is another critical presumption statute in California family
law proceedings. If a deed or other title document recites who the owner
is (or whether the property is community or separate or percentages of
interests) it creates a presumption that both legal and beneficial title
are so held which can only be rebutted by "clear and convincing"
evidence - a high burden which we've Blogged about extensively. Note,
however, that this section may not apply where someone claims the title
document was obtained through a breach of fiduciary duty or by undue influence.

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